Chapter Seven

Question 1

Strict liability

Answer 1

liability regardless of fault

Question 2

Elements of strict liability

Answer 2

1. The product was already defective
2. The defendant normally sells this product
3. in a defective state product is dangerous
4. harm caused
5. defective condition is cause of harm
6. product has not been altered or changed

Question 3

product liability

Answer 3

those who lease or sell goods can be held liable for physical harm or damage caused by goods

Question 4

Due care is used when:

Answer 4

designing the product
manufacturing
safety labels/ warning

Question 5

privity of contract

Answer 5

relationship that exists between promisor and promisee of a contract

Question 6

case in fact

Answer 6

“but for” the defendant’s action, the injury would not have occurred

Question 7

misrepresentation

Answer 7

made knowingly or with reckless disregard

Question 8

public policy assumptions

Answer 8

1. Consumers should be protected against unsafe products
2. manufacturers and distributors should not escape liability because they were not in privity of contract
3. manufacturers and distributers can bear the costs of injuries

Question 9

unreasonably dangerous product

Answer 9

a defective product to the point of threatening a consumer’s health and safety

Question 10

Types of torts

Answer 10

manufacturing - from the moment it left the factory, failure for inspection

design - product not designed correctly, unreasonable dangerous
to prove - alternative design clause

inadequate warning - no labels or safety warnings

Question 11

market share liability

Answer 11

liability is shared among all firms that manufactured and distributed a particular product for a certain amount of time

Question 12

Assumption of risk

Answer 12

1. plaintiff knew and appreciated the risk
2. plaintiff voluntarily assumed risk

Question 13

product misuse

Answer 13

plaintiff used product in a manor not intended